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All articles tagged '"Court of Appeals"'
135 articles found
California Court of Appeals Rules that Lack of Consent Voids Arbitration in Toyota Online Prank
By Victoria VanBuren - November 2, 2011
Via the ABA Journal, we learned of a bizarre case involving an internet advertising campaign by Toyota Motor Sales USA, Inc. (“Toyota”) and Saatchi & Saatchi North America, Inc. (“Saatchi”) See Duick v Toyota Motor Sales, U.S.A., Inc. Case No. B224839 (CA Dist. 2 Ct. App., Aug. 31, 2011) Here is some background: The campaign, which was targeted at young men, encouraged them to provide Toyota with the name of a friend o
Texas Court of Appeals Dismisses Appeal Because Appellant Walked Out of the Court-Ordered Mediation
By Victoria VanBuren - September 26, 2011
In In the Estate of James H. Rice, No. 10-10-00021-CV (Tex.App.- Waco, Aug. 10, 2011) the court found the appeal was appropriate for mediation and on April 20, 2011, ordered the parties to mediate this case. The mediation took place at the McLennan County Dispute Resolution Center (“DRC”) on June 15, 2011. The court, however, received a letter from DRC dated June 22, 2011 which stated the following: the mediation session ended abruptl
Texas Court of Appeals Rejects Evident Partiality and Excess of Powers Challenges and Confirms Arbitration Award
By Victoria VanBuren - August 1, 2011
By Brett Goodman The Court of Appeals of Texas in Dallas has affirmed the decision of a trial court that confirmed an arbitration award ordering appellants take nothing from appellees. In Skidmore Energy, Inc. v. Maxus (U.S.) Exploration Co., (Tex. App. — Dallas July 12, 2011, no. pet. ) Skidmore Energy Inc. contended that the trial court erred confirming the arbitration award that they take nothing from Maxus (U.S.) Exploration Company. The two
Texas Court of Appeals Finds Arbitration Waiver and Refuses to Compel Arbitration
By Victoria VanBuren - July 25, 2011
By Brett Goodman The Court of Appeals of Texas in Dallas has denied an appeal seeking to overturn a trial court’s decision not to compel arbitration. In Adams v. StaxxRing, Inc., No. 05-10-01142 (Tex. App.–Dallas July 7, 2011, no. pet. ) William B. Adams was appealing the decision in favor of Molly Langford and StaxxRing, Inc., a jewelry business equally owned by Adams and Langford. The first strike in any sort of litigation came when Langf
Texas Court of Appeals Denies Vacatur and Confirms Arbitration Award
By Victoria VanBuren - July 18, 2011
By Brett Goodman The Court of Appeals of Texas in Amarillo has affirmed a lower court’s decision to deny a motion to vacate an arbitration award. In Denver City Energy Associates, L.P. v. Golden Spread Elec. Co-op., Inc. 340 S.W.3d 538 (Tex. App.–Amarillo 2011, no pet.) Denver City Energy Associates (Denver City) appealed the decision to confirm an arbitrator’s award in favor of Golden Spread Electric Generating Cooperative, Inc. (GS Genera
GUEST-POST | Texas Court of Appeals Vacates $22 Million Dollar Arbitration Award Due to Failure to Disclose Social Contacts by Arbitrator
By Victoria VanBuren - July 6, 2011
By Glen M. Wilkerson The facts and holdings in Karlseng v. Cooke, Tex. App. – – Dallas, June 28, 2011 (Cause # 05-09-01002-CV) are instructive technically in ethics, in the law of “evident partiality” in arbitration law, and as an illustration how influence is peddled sub rosa through out judicial / legal system. What is alarming is that this case shows how the Rule of Law with a relatively non-partisan decision maker is ultimately fr
Can I Object to Court-Ordered Mediation?
By Victoria VanBuren - June 10, 2011
In Texas, a party has to object in writing to the mediation referral within ten days after receiving notice. The court, in its discretion, may or may not refer the dispute to mediation. Section 154.022 of the Texas ADR Act provides the basis for objection to referral pending litigation: (a) If a court determines that a pending dispute is appropriate for referral under Section 154.021, the court shall notify the parties of its determination. (b) A
Can a Court Impose Sanctions for Failing to Appear at Court-Ordered Mediation?
By Victoria VanBuren - June 3, 2011
By Brett Goodman Similar to a court referring a case to mediation in the first place, in Texas, a trial court is under a discretionary standard concerning imposing sanctions for failure to appear. See Roberts v. Rose, 37 S.W.3d 31, 33 (Tex. App. 2000). Discretion is abused when the trial court acts without reference to any guiding rules or principles. See Johnson v.. Fourth Court of Appeals, 700 S.W.2d 916, 918 (Tex.1985). Courts have an inherent
Texas Court of Appeals Vacates Arbitration Award Based on Evident Partiality
By Victoria VanBuren - June 1, 2011
The Texas Fourteenth Court of Appeals affirmed the trial court’s denial of confirmation of an arbitral award. In AMOCO D.T. Co.v. Occidental Petroleum Corp., NO. 14-09-00651-CV, (Tex. App.–Houston [14th Dist.] May 17, 2011, Amoco D.T. Company (“Amoco”) and Shell Land & Energy Company (“Shell”) entered into a purchase-and-sale agreement with Occidental Petroleum Corporation (“Oxy”). Pursuant to the agreement, Oxy made a demand for
Texas Supreme Court Declines to Follow Hall Street in Arbitration Case: Nafta Traders, Inc. v. Quinn
By Victoria VanBuren - May 13, 2011
The Supreme Court of Texas has held that the Texas General Arbitration Act (TAA) allows judicial review of arbitral awards by agreement beyond what the Federal Arbitration Act (FAA) allows. Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Wainwright, Justice Medina, Justice Green, Justice Johnson, Justice Willett, Justice Guzman, and Justice Lehrmann joined. Chief Justice Jefferson, joined by Justice Wai
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